Irshad Khan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16091 of 2016 Arising Out of PS.Case No. -221 Year- 2015 Thana -SURSAND District- SITAMARHI ======================================================

1. Irshad Khan son of Md. Ahmad Khan

2. Mithun Khan son of Md. Usman Khan Both resident of VillageKumbha, P.S.- Sursand, Dist- Sitamarhi. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Dr. Anand Kumar, Advocate.

For the Opposite Party : Mr. Gopesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-05-2016 Heard both sides.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 241, 323, 307, 302, 504 and 506 of the Indian Penal Code. The informant named the petitioners and alleged that the petitioners and other named accused persons indiscriminately assaulted his father who died in course of treatment. It is submitted that the occurrence took place due to land dispute. Shakila Khatoon the daughter of petitioner no. 1 is the informant of Sursand P.S. Case No. 218 of 2015. Shakila Khatoon also got injuries. There is no specific allegation of assault against the petitioners.

Considering the facts aforesaid and the fact that the

Patna High Court Cr.Misc. No.16091 of 2016 (2) dt.02-05-2016 2/2 father of the informant died in course of treatment, I am not inclined to enlarge the petitioners above named on anticipatory bail in Sursand P.S. Case No 221 of 2015, pending in the court of the learned Chief Judicial Magistrate, Sitamarhi. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T